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(영문) 광주고등법원 2013.12.12 2013누1385
산지전용허가신청서 반려처분취소
Text

1. Revocation of a judgment of the first instance;

2. An application for permission for mountainous district conversion filed by the Defendant against the Plaintiff on October 29, 2012.

Reasons

1. The reasons why the court should explain this part of the disposition are the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the disposition is lawful;

A. In accordance with Article 8(1)1 of the Act on the Management and Use of Livestock Excreta and Article 3 of the former Ordinance on the Restriction on Livestock Raising of Naju-si, Naju-si (amended by Ordinance No. 999, Jun. 5, 2013; hereinafter “instant Ordinance”), the instant application constitutes “area requiring the protection of living environment as a residential densely-populated area,” and thus, the Defendant’s designation of the area subject to livestock breeding restriction, and on the other hand, permission for conversion of the instant application area for the purpose of creating livestock site is inappropriate. On the other hand, the Plaintiff did not designate the instant application area as a livestock raising restriction area, or the instant application area does not constitute “area requiring the protection of living environment as a densely-populated residential area,” and thus, the instant disposition is alleged to be unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Article 8(1)1 of the Act on the Management and Use of Livestock Excreta on the Management of Livestock Excreta as to whether the Defendant designated a livestock raising-restricted area, “The Mayor may designate a specific area and restrict livestock raising as a restricted area for livestock raising, as prescribed by municipal ordinances of the relevant local government, for an area deemed necessary to restrict livestock raising among the areas requiring the protection of the living environment in a residential densely-populated area” in order to conserve the living environment of local residents or to preserve the quality of water sources. Article 3(1)1 of the Ordinance of this case limits livestock raising as a restricted area for livestock raising.

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